Ateneo - UPO

The course aims at providing the students with basic concepts belonging to the area of Italian private law (ie, the set of principles and rules that govern the relations between individuals and between individuals and the state or other public authority in cases where the latter act privatorum jure) in order to achieve a solid foundation for learning materials belonging to the environmental private law.

The second part of the course aims to provide students with an advanced understanding of the core principles and topics of the law/nature relationship to achieve a solid base to deal with current issues related to the sustainable development of common resources, as well as to participate in political and legal debates about the destiny of things, the extent of property and the limitations of the market economy in areas relating to fundamental rights and personal development.

For the first part of the program:

P. Zatti, A. Fusaro, Diritto privato (corso istituzionale), Wolters Kluwer, Padova (ultima ed.)
Limited to chapters: 3 (topics 1 to 6); 5 (topics 1 to 7); 6 (topics 1, 2, 4, 7); 7 (topics 1 and 2); 8 (topics 1, 2, 3, 4, 6, 8, 9); 10 (topics 1 to 6); 14 (topics 1 and 2); 30 (topics 1 to 8)

Or any other private law textbook in the most recent edition to be agreed with the teacher.

One of the following civil codes: 

- De Nova, Codice civile e leggi collegate, Zanichelli, ultima ed.
- Di Majo, Codice civile con la Costituzione, il Trattato C.E.E. e le principali norme complementari, Milano Giuffrè., ultima ed.
- Schlesinger, Codice civile, Cedam, ultima ed.

For the second part of the program a list of references and other course material will be provided in the first lessons.

The course aims to learn the general notions of private law and deepen the subjects of law, law of property from an environmental perspective. At the end, the students will be able to relate to the main private law institutions (persons, things) and solve some essential environmental questions.

The objective of the second part of the program is to make the student able to reconstruct the law/nature relationship in the context of a renewed system of sources – both Italian and comparative - with particular attention to the most recent and significant jurisprudential developments. The training will stimulate the use of interdisciplinary methodological tools in order to furnish students with non-traditional resources to understand the socio-legal phenomena concerning the man-thing-environment relationship.

Basic knowledge of law

The course is organized around weekly reading assignments, class discussion rather than lectures. Attendance is recommended.

The teaching method consists of lessons devoted to explaining the main concepts of the program. During the lessons, we will proceed in classroom discussions on issues and topics identified by the students. The subjects will be dealt from a theoretical point of view with references to the rules of interpretation expressed by the courts in applying the law, as well as the comparative experiences in ecological, economic and anthropological perspectives.

Active participation in lectures and group assignments are considered an essential factor in assessing the students’ learning degree.

Students are invited to visit the course's Dir page for further information about the supplementary material and the detailed program

The examination is oral and consists of a series of 4-5 questions aimed at verifying that the student, in addition to having learned the fundamental notions of the program and the necessary legal terminology, is able to interpret and relate the acquired notions to concrete problems.

The use of the civil code is allowed during the oral examination.

The overall assessment is expressed in thirtieths (minimum mark 18). Sufficiency is achieved by demonstrating basic knowledge and skills in the topics covered in the course and possession of an adequate vocabulary. Excellence is achieved by demonstrating in-depth knowledge of the topics required in the oral examination, linking them to concrete examples and demonstrating a critical sense of the institutions studied.

First part of the program:

1. Private law and its sources (basic notions)
2. Facts and legal acts (basic notions)
3. Legal personhood: person and collective subjects (basic notions)
4. "Things" (concept and classifications)
5. Property law
6. Obligations: notions, torts and liability

Second part of the program

1. Environment, nature and law: traditional descriptive concepts
2. Nature, human beings and law: biocentrism and private law

Students are expected to acquire the ability and skills to:
- use an appropriate legal language
- mastering the structure of the Civil Code
- understand the main institutes of private law
- apply and connect the acquired knowledge in solving practical simple cases on environmental issues
- in-depth learning of the notions of "thing", "commons theory", and environmental "assets/things". Advanced competencies of the theoretical-critical and comparative framework related to the aforementioned concepts. Learning of interdisciplinary methodology in the legal field.
- communicating information, ideas, problems, and solutions on environmental law issues to specialist and non-specialist interlocutors;
- developing the ability to collect and interpret data (normally in one's own field of study) considered useful to determine autonomous opinions, including reflection on related social, scientific, or ethical issues
- Conceptual learning of the notions of environment, law and nature based on the biocentric approach